Waterways Commission Meeting

Harwich, Massachusetts

Meeting  February 12, 2002

 (Town Hall Library Room)

 

Minutes

 

Members:   Mike Cienava, Charlie Beggs, Eric Winer, Matt Hart, Al McMullen

 

Others: Tom Leach, Paul Donovan, Martin Moran, Robert Percy, Mark Burgess

 

Excused:  Lee Scarborough, Fred Clancy

 

Open Meeting: Mike Cienava at 5:10 p.m.

 

Dan Keefe Dock Proposal:  (scoping session continued)

Martin Moran engineering was back representing Dan Keefe of 70 Chase Street, West Harwich on a plan to construct a dock on the Herring River.  Mr. Moran presented an edited dock plan after the last meeting showing a change in dock length from 10' to 12' off the existing bulkhead and an increase in the dock float size from 8'X10' to 8X14' as was recommended at the last meeting.

 

Mike Cienava said he was not against dock but was concerned about the potential for conflict between boats and moorings.  Tom Leach said the locus was well down river from the Rte 28 landing and far enough upstream from the lower County Bridge in an area that was under utilized due to awkwardness of rowing against the current.  He does not see a conflict coming soon in this case unlike other Harwich areas on the river. 

 

Al McMullen said he was concerned about the size of boats using the river and suggested that too large boats in the river are cause for problems, suggesting some kind of limits important. 

 

Eric Winer asked what kind of boat was planned.  Martin Moran said a 24' powerboat is in the works for the Keefe’s. 

 

Martin Moran explained by his survey that the river provides 79' of deep water in this area and it provides plenty of deep-water channel protection.

 

Tom Leach said the shellfish committee has settled on the plan accepting proviso that the Keefe’s keep their boat at the face of the float and provide 4 bushels of Quahogs are purchased and replanted through the HNRD after construction near the site. 

 

Charlie Beggs motioned to accept the plan provided the Keefe's keep their power boat at the face of the dock and the float is secured with seasonal pipe piles. The float should be stored via the town landing in winter.  All in members in favor so voted.

 

 

 

Dock Plan Joseph and Linda O'Neill

Robert Perry, PE of Cape Cod Engineering Inc.  presented a plan for Joe and Linda O'Neill of 1 Salt Meadow Lane on Herring River.  These people effectively live on an island on the Herring River North East of the Irish Pub on the opposite bank.  Mr. Perry explained this house has access via a dirt road off Rte. 28 near Potted Geranium store.  The roadway passes over a small bridge spanning a stream in the Herring River Marshes.  He is also planning the permits for repairing that bridge. 

 

Back to the dock. Perry indicated an old plan for a dock further south in the island about 200 feet from the proposed site.  Tom Leach said he recalled an old small dock on the island thirty years ago near the site.  Perry said he found no permits for this. 

 

As planned, the dock is a 24' structure on 12' bents 12' into the river.  The river is 2' deep at the inside of the proposed float and 3' at the face.  The river is 78' to the opposite bank and plenty deep.  Mr. Perry told the commission the dock was placed over the marsh to take advantage of a buffer the marsh will have for the banks. The dock is almost 7' clearance above the marsh.   A 14' gangway and 8X10 float are planned.  The dock will be 4' wide.  Pipe Piles will be used. An 18' by 21' outboard boat is planned; however, limitations are forced by bridge clearance at the low Rte.28 Bridge. 

 

Mr. Cienava asked for a motion.  Mr. Beggs makes a motion to accept the dock as drawn and that item 8 on the plan indicate that the float be hauled out over the town landing each fall and not stored on the fore shore.  Also, the initial construction of the dock be held off until after June 15th due to the Herring Run. So voted unanimously.

 

 

 

Kenneth Wellings Dock Reconfiguration

The Harbormaster asks that the Commission be polled to allow Mark Burgess of Coastal Engineering to present a plan that was not part of Agenda.  Mr. Burgess said he was there for Peter Markunas who had ortho-scopic Knee Surgery.  He was presenting a plan for Ken Wellings, 4 Fiddlers Landing, on Allens Harbor.  This location is two docks away from the Yacht Club on the east bank and is tight to the mooring field. 

 

Burgess said the original owners licensed the pier in 1970 for a 70' dock with a 8x16’ float and 12’ gangway. The original float was not built according to the original permit but instead was placed lengthwise.   

 

The reconfiguration plan relocates the float further into the harbor and uses 30’ Aluminum gangway. The purpose is to get enough water under the float.

 

Matt Hart is concerned about the conflict that will occur with existing permitted moorings. It is very congested mooring field there in season and boats will be displaced. Chairman Cienava says that he feels the property owner should be allowed what the original plan called out as he pays more taxes than the mooring permit holder. The harbormaster weighed in saying that he believes mooring will definitely be displaced and he is reissuing four additional mooring permit numbers that were outstanding s=last year and needs all the room he can get. Further, the harbormaster would favor dredging at this location at the existing float in preference to sending the dock out further.

 

There was some question of abandonment of the right to use that extension of dock after years of not needing it because the dock was not built according to plan in the first place. This may cause a problem for reconfiguration.

 

Matt Hart was also concerned about the reorienting of the float making it a difficult landing for the 35’ Welling’s boat   with all the moorings in there. Further, he suggested Burgess compare this plan with the work Coastal Engineering is doing as far as planning the dredging in this area.

 

The Chairman received no positive motion in favor of the project, however, hearing none allowed that the scoping hearing be continued at the next meeting time. It was advised that Mr. Burgess should mark the project with floats in the area and he has offered to take pictures with a digital camera. Also he will compare the dock plan with the dredging plan. 

 

 

Report of Harbormaster on the Waiting List Problem. 

The selectman voted the new policy at their 1/28/02 meeting.  A letter was drafted and edited by Town Administrator before being sent by the Harbormaster to 20 dock permit holders and their partners.  This potentially effects 40 people.  A checklist was provided to prove level of ownership.  Letters were sent return receipt. A copy of the letter is as follows:

 

 

We are sending this letter to you as a follow-up on a new harbor policy which will impact no fewer than 14 co-owned boats at the Town rented berths in Harwich Port. A copy of the new policy is enclosed which was developed to fairly manage the offering of dockage and mooring permits to the public at large via waiting lists.

 

This new regulation requires that in the case of documented vessels an appropriate level of ownership by the slip holder is being maintained at a minimum of 51%. Further, in the case of State registered boats the dockage permit holder must be sole owner under this new policy.

 

The gravity of this situation clearly means partnered boats at the municipal marina and town docks must meet this standard or they will risk termination. It has been decided that the owner(s) shall reveal the level of ownership of the vessel and shall produce evidence to the satisfaction of the Town of Harwich. In the future, it will be important to prove that a standard of ownership is being maintained.

 

Since our records indicate your boat maybe co-owned, or there may be the appearance that the operator of the boat is not the owner of record, or the boat may not be registered/documented in your name, we are requesting that you produce documentation to our satisfaction at this time. Records may include: bills of sale, titles, abstract of titles, vessel documentation, sales tax information, purchase and sales agreements, insurance certificates, corporate papers, mortgage contracts, personal liens, excise tax information, registration information or any other pertinent information deemed necessary by Town officials to verify ownership issues satisfactorily as deemed necessary may be submitted.

 

Vessels for which the question of ownership is not settled to the satisfaction of the Harbormaster will be forwarded onto the Waterways Commission for a show cause hearing about the future of the berth assignment. Should the Waterways Commission not be satisfied, the Dockage Permit shall be terminated and the space will be reassigned to the next candidate on the waiting list. The Commission may forward positive recommendations to the Board of Selectmen for final decision.

 

A short time ago, dockage bills were sent out as we began preparing for the 2002 boating season in Harwich. Deposits on slips are due back by March 15th.   We are sorry for the bluntness of this letter, however, this under scores the importance of you reacting as soon as possible. Therefore, I have set a deadline to submit this information of March 1st, 2002.

 

The Waterways Commissioners and Board of Selectmen believe enactment of this plan will resolve issues of berth holders relative to options on the berth assignments. Unfortunately, we cannot have it both ways and some of our long term customers will lose their slip assignment.

 

Please do not hesitate to call with any questions about what we are asking.

 

Mike Cienava wants a copy of list of all letters sent and copies of evidence received from all parties. 

 

Tom explained that he had heard from a half dozen owners who readily presented themselves.  Yankee and Freedom were both corporations with clear documents showing Clem Kacergis and Alan McMullen as 100% and 51/49% owners of those corporations. 

 

Less clear was document of Rick and Rod Tavano received from the attorney Paula Kelly.  The Document was changed last year to put Rick on as owner of the dockage permit is in Rod's name.  The bill of sale indicate both own 100% of the vessel jointly with rights of survivorship.  Allen McMullen said he could not understand how this was possible. Mike C. suggested that we show this to Town Council for interruption.  Wayne Melville said reduce the question to writing. 

 

 

The Town Administrator said he had several threatening calls over this suggesting the town was being unfair where it came to treating Mass registered boats differently than documented vessels where it comes to appropriate levels. Al McMullen said that the ‘show cause hearing’ would help satisfy this and allow state registered to comply the same way, just that the Commissioners would be ratifying this.  Perhaps the commission needs to get Mass registered boats and document both at 51-49.  Tom said, he has yet to see a document showing level of ownership.  He has also had dozens of calls on this from boat owners and some lawyers. 

 

(ed. Note. The Harbormaster called the National Documentation Office the following morning and learned that level of ownership is no longer listed directly on the USCG vessel document. The level of ownership is listed on a separate tool called the Title Abstract. The information generated on this Title Abstract is generated from information given by on the Bill of Sale form CG-1340 which can be amended at any time)

 

 

Wayne Melville said the Harbormaster must posture himself one  way and follow the policy of the Selectman and let the commissioners make the gray area calls. 

 

As yet, the Harbormaster has only begun tackling the town slips.  Not yet gotten to the moorings.

 

Eric Winer said he believes since the town only recently changed ownership rules it is important commissioners not be prejudice against any miss representations of the permit in the past but allow an owner to attempt to comply with the current rules.

 

 

Next Meeting

The Chairman set the next meeting of the Waterways Commission for February 26th at 5PM in Town Hall.

 

Adjournment

The Waterways Commission adjourned at 6:45 PM.

 

TEL/tel  2/13/02